Property owners in Portland need to think twice before chopping down trees. A new city tree code took effect in January. It brings new protections to trees on both public and private property, along with stricter regulations and tough penalties for violators.
It takes away a lot of the confusion about what you can do with trees, says Portland landscape contractor Greg Schifsky. “It also sends a message that we treasure our trees.”
Schifsky was part of a core group of neighborhood activists who started lobbying the city back in 2005 to 2006 to improve its jumbled tree-cutting regulations. For a city that prided itself on its greenery, a lot of important trees kept disappearing, he says, “and a lot of them were being taken down for not very good reasons.”
Developers also were frustrated, because patchwork tree regulations were embedded in many parts of the city code. Regulations were inconsistent and administered by seven different city bureaus, which in Portland can seem like seven different local governments.
“The department of transportation would tell you to take out a trees and the planning department would say ‘No, we don’t want you to do that,’ ” says Justin Wood, associate director of government relations for the Home Builders Association of Metropolitan Portland.
After several years of citizen pressure, stakeholder meetings and public hearings, the City Council adopted a new tree code in 2011. Though some homebuilders still don’t see why a city tree code is necessary, “as tree codes go, I think it’s a pretty fair tree code,” Wood says.
The biggest shock will come from homeowners, he predicts, who aren’t accustomed to being told they can’t cut down trees on their property. One-third of all the trees in the city are on single-family lots, and most of those previously were unregulated.
“The old tree code was not consistent and as fair as it could be,” says Meryl Redisch, who worked closely on the tree code as a member of the city’s Urban Forestry Commission. It had very different treatment for trees in development situations and those that aren’t, Redisch says.
The new code seeks to change that, but it may make some people unhappy. From now on, residents will need to apply for a $25 city permit before taking down any tree on their property with a diameter of 12 inches or greater, measured 4.5 feet off the ground. They will have the right to remove up to four trees per year from their yard if the trees have a diameter of 20 inches or less — though that will require permits. Residents may be required to plant a higher number of replacement trees elsewhere, so the city doesn’t see its overall tree canopy reduced.
Permits also are required before pruning tiny branches off street trees with diameters of a quarter-inch or greater. Generally, the city will only allow full removal of street trees on the public right of way if they’re dead, dying or dangerous. Residents won’t be able to take them down just because they produce a lot of leaves, make too much shade, or obstruct views.
“A big part of it is going to be education,” Redisch says. City arborists will seek to counsel residents who might otherwise be too hasty about removing trees from their property, she says. Neighbors will be notified of some tree-cutting permit applications, giving them a greater voice in protecting iconic trees in a neighborhood.
The message from the new code is that saving big trees has benefits that extend far beyond an individual homeowner, applying to future generations on that property, neighbors and the city as a whole.
“What we get are air-quality improvements, shade, storm water benefits, wildlife habitat, beauty, enjoyment — those are the easy ones,” says Redisch, the recently retired executive director of the Audubon Society of Portland.
Trees also have been shown to reduce asthma, make people calmer and absorb pollutants. Perhaps most importantly, they counteract climate change by absorbing carbon dioxide and producing oxygen.
A greater tree canopy over Portland also can help lower the “urban heat island” effect, which makes the city much hotter than surrounding areas because of the loss of tree canopy here and preponderance of roads, sidewalks, parking lots and rooftops that retain the sun’s rays. That’s expected to become more significant as the climate warms.
The new tree code will preserve more trees on developable land, says Jeff Fish, a homebuilder who was involved in framing the regulations. But the code is more flexible in some cases than before, he says, an acknowledgement that meeting the city’s goals of boosting density means building more homes.
“We have to take some trees down to build a house,” Fish says. If the ordinance makes it much harder to do infill and other development in the city, it will cause more sprawl — and greater tree removal — on land outside the urban growth boundary, he says.
But Fish and others still wonder how well the advice of stakeholders and citizens gets put in practice.
“We’ll find out as we implement this in January how good the code-writers wrote the code to make this work,” he says.
Contrary to stereotypes, homebuilders often recognize the merits of preserving trees.
It also can cost them up to $2,000 to $4,000 to chop down and remove a large Douglas fir.
By design, the new tree code should help meet the city’s goal of having one-third of its land area covered with tree canopy. The city estimates the new code will preserve one to two acres of tree canopy on private property per year and result in the planting of six to 30 acres of new tree canopy each year.
On development lands, the code is projected to preserve 44 acres to 88 acres of tree canopy a year, and result in the planting of 48 acres to 96 acres a year. Some of that is because the old standards only applied to single-family developments, while the new tree-cutting restrictions apply to all developable land. The city also is setting tree-density requirements; developers who don’t meet those can put money into a city tree-planting fund.
City officials delayed implementation of the new code until they could afford seven new city staff members to enforce it. As a result, the city is promising improved customer service. The Bureau of Development Services and Portland Parks & Recreation will administer the ordinance, down from seven bureaus before. Two staff members will be stationed at the city Permit Center downtown to answer questions and issue permits. A new hotline and website will serve as a clearinghouse for information about the new rules.
And, not surprising, stiff new fines will be imposed for those who don’t obey the new rules, including $1,000 for those who fail to get permits. The city has promised to go easy on enforcement in the early days at least, until Portlanders learn about their new responsibilities. City Commissioner Amanda Fritz, who oversees both bureaus managing the program, has appointed a citizen oversight committee. That group, which includes Fish, will monitor how well the tree code is working out, and suggest any needed changes. It will make regular reports to the Urban Forestry Commission, now led by Redisch.
Urban Forestry News via http://portlandtribune.com/pt/9-news/245492-112620-stumptown-no-more